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266093 WHI7E - CITV CLERK COI11IC11 ������ PINK - FINANCE IT. SAINT PAITL CANAfiV - DEPARTMENT � BLUE -MAVOR File NO. r ' - � ' - ' ' solution . Presented By � Referred To Comanittee: Date Out of Committee By Date RESOLVED� that the Saint Paul City Council hereby approvea the agreement as attached hereto and authorizes the proper City offioers to execute aaid agreement, sueh agreement pertaining to the use of the Masonic Temple Building by Performing Arts Center� Ino. � on. the 28th and 29th days of September� 1975 : for the purpose of benefit performanoes by eultural groups. COUNCILMEN Reques ed by Departme t of: Yeas Nays � Christensen � H�t In Favor Levine Rcedler �_ Against By Sylvester Tedesco President� Hozza �EP Z � 1975 Form A ed by City Attorney Adopted by Council: Date \ Certified l�assed b�ouncil Secretary BY � � � � - � By , Approved b ayor: Dat °;� `° � Approved by ayor f b ' ion Council By BY puBLtS� OCT 4 t975 � � ClTY p� . ����1)"� . � �� s, w _ x � iea:aCoouo'aa: � � °�°—'_'°..�e° ab v��, ho CITY OF SAINT PAUL •o.a• OFFICE OF THE CITY ATTORNEY September 19, 1975 PIERRE N. REGNIER MEMORANDUM T0: Thomas J. Kelley City Administrator FROM: Pierre N. Regnier City Attorney SUBJECT: Performing .Arts Center, Inc. Enclosed is an agreement proposed to be entered into between Performing Arts Center, Inc. and the City of Saint Paul. The only conversations I have had relative to this matter were with John Herman, the Secretary of Performing Arts Center, Inc. I am forwarding this agree- ment to you, together with a City Council resolution. If you desire to su�imit this to the City Council and agree to the terms of this agreement, please send it to the City Clerk so that it can be placed on the agenda by Tuesday of next week. After it is approved, the agreement should not be signed on behalf of the City until we have in hand two documents which I have re- quested, namely: an insurance policy evidencing suffi- cient coverage as outlined in this agreement, naming the City as a co-insured� and a resolution of Performing Arts Center, Inc. authorizing John Herman to execute this agreement on behalf of Performing Arts Center� Inc. It is also necessary, prior to our allowing PAC to occupy this premises , that PAC obtain a certifi- cate of occupaney or temporary certificate of occupancy from the Building Department . PNR:bl Enc. City Hall, Saint Paul, Minnesota 55102 612 298-5121 . , � ; - . , �66�9� � . , A � � LrrsrNT THIS AGRE�ME'1T, made this day of Sep�ember, 1975 by and between the CITY OF SAINT PAUL (hereinafter "City") and the PEnFORMING ARTS CENTER, INC. , a Minnesota corporation (hereinafter "PAC") . WHEREAS, the "Aasonic Temple Building is locatea in the right-of-way for the proposed I-94 connectors and must be removed in order to make way for those connectors; and �9HEREAS, it appears to be feasible to move the Masonic Temple and available land for relocating the building may exist in the near vicinity; and 6VHEREAS, City and PAC desire to cooperate in an attempt to preserve the Masonic Temple and make use of it as a performi.ng arts center for the corununity; � NOW THEREFOR�, it is agreed by and between the parties hereto as follows: I. � PREi�IISES The premises involved in this agreement consist of the Masonic Temple and Scottish Rite Building, hereinafter referred to as "Premises" , which is located upon the following describet� property: The northerly 2/3 of Lot 1; tne northerly 100 � fee of Lot 2; Lots 3, 4 and 5, Rice and Irvine' s Addition to St.� Paul, according to the recorded plat thereof on file and of record in the office of the Register of Deec�s in and for Ramsey County, Minnesota. ' II. TER�,vI The term of this agreement shall commence on the 28th day of September; 197� , and �hall terminate after the 29th day of September, 1975, provided PAC may make use of the premises for a reasonaLle time, not to exceed 15 days before and after the term for repairing the premises, making preparations for use . during the term and final clean up of the premises. �-, - ,,,�..-... _ ..� ,- _ ..... -�-� � - � ._:.. _ ._ . ,: _,::.:.��...._rx-�.�.__ _..� ;•�_ j_>: - ::.. .. _. _.�-: �__ � �._�,.. -�. �. _ _:�.;, ��-- — . . -2- ' � • , III. �C����� INDEMNITY Other than as occasioned by any tortious or negligent act on the part of the City; its agent or employees, the City � shall not be liable to PAC or to any other person or persons for or on account of any injury, death or damage occasioned in, on or about the Premises to persons or pronerty of any nature or sort whatsoever, or wheresoever arising, or for or on account of any death or any injury to persons or property that may result by reason of any future lack of repair of said Premises, or improvements thereon, or the wiring, equipment, furnishings, fixtures or apparatus therein or thereof, or by or from plumbing, gas, water, steam or other pipes or sewage, or by or from the use, misuse, or nonuse of said Premises or improve- ments thereon or any equipment, furnishings or fixtures therein or apparatus thereof by any person lawfully or unlawfully upon said Premises, or by or from any act, omission or neglect of any such person, or by or from the acts of owners or tenants of adjoining or contiguous property, or in any manner whatsoever growing out of the future condition or use of the Premises or improvements or any part thereof. PAC covenants and agrees to indemnify and hold City harrnless from and on ac�'ount oF any and all loss, damage, claim of damage, liability, expenses, costs and counsel fees arising out of or resulting from or incurred in connection with the matters or things hereinbefore specified, and from and against any and all damage or liability arising from � any accident or any oecurrence causing injury or death to any , person or property whomsoever or whatsoever and due directly or indirectly to the use, misuse or nonuse by PAC or any of its . agents, contractors, servants, employees or licensees or the condition of the Prernises or any part �thereof, or any appurtenances or equipment thereof or t�erein, or arising out of any failure of PAC in any respect to comply with any ofthe requirements or provisions of this agreement. � , ` ,�-�"`-,�=:�- �. " _ -= �.z.�.._.�,m.- � , Y .: ��� Y _-- � ��_: � _ _; .__ ..z,x�.�_�..�..�.�_..__.-=�-� �.� ._w��.���- �_._...._.._r.�_�-.:, a..o. .__� . -3- . � . . � 2�6�9� � . . z�. INSURANCE PAC slzall a� PAC' s sole cost and expense, but for the � mutual benefit of City and PAC maintain resonable and adequate � general public liability insurance against claims for personal injury, death or property damage occurring in, upon or about the Premises, and on, in or about the streets, parking lots, sidewalks and passageways on and adjoining the Premises, and adjoining property. The minimum limits of liability of such insurance for any one accident or occurrence shall be Five Hundred Thousand Dollars ($500,000) for injury (or death) to any one personE and One Million Dollars ($1,000,000) for injury (or death) to more than one person, and One D�illion Dollars ($1,000,000) with respect to damage to property. PAC agrees to furnish City with certificates evidencing suclz insurance written in companies acceptable to City and including City as a named insured on the policy. Al1 such certificates shall provide that the insurance evidenced thereby will not be cancelled by the insurer except on ten (10) days' written notice to the City. PAC shall at its sole cost and expense maintain workmen's compensation insurance and sucli other liability 'insurance as is reasonable and adequate to cover all claims arising out of injuries to employees of PAC under State or Federal law. V. USE O� �':2EMISES DURIPIG TERM OF AGI2EEMENT � Upon satisfaction of all obligations noted in Paragraphs III and IV above, City agrees to allow PAC the use and occupancy of the premises during the term of this agreement, and for any b - extensions of the agreement, for "the purposes of benefit per- formances by eultural groups, benefit receptions or any other events related to the use of the Masonic Templ�e as a cultural facility. Rental of the Premises for the above described term ar -2- �.�� .T_ _,_ .. _ _ - .. - ,_. � T. � ��.._ _.o.. _ _�°,�:.�_,�.._.. �_.,�..�� _.z.._._��.�.�.��,......� ��_4..�_ _ ,. .__�:�_._:__.,�._.. - -4- , • " . ����� terms shall be One Dollar ($1. 00) and other good and valuable cons.ideration, receipt of which is herebv ackn�wle�ge by the City. PAC agrees not to use, ar suffer to permit the Premises or any part thereof, to be used for any purpose or use other than herein provided or in violation of any la�as, zoning ordinances or other ordinances, or of the regulation of any governmental authority, or in any manner that will constitute a legal nuisance or in any manner that will violate, suspend, void or make inoperative any policy or policies of insurance of any kind whatsoever at any time carried on the Premises. VI. CONDITION OF PREMIS�S PAC agrees to obtain a Certificate of Occupancy or Temoorary Certificate of Occupancy prior to any use of the Premises as described in Paragraph V above. Furtizer, PAC agrees to maintain the Premises during the term or terms of this agreement in a safe and sanitary condition. City shall be allowed to enter the Premises at any time for the purpose of determining that all applicable ordinances and statutes have been complied with. . VII. UTILITIES PAC agrees to pay for all utilities and other services used � in, or about the Premises during the Original Term and all . � extended terms, if an�, including but not being limited to electricity, water, sewer, gas, telephone, lzghting, garbage and `„ rubbish removal. VIII. i' i ASSIGN��IEI�IT AI1D SUBLETTIPdG This agreement shall not be assigned, nor shall the Premi,ses or any part thereof be sublet, used or occupied by any other person without PAC first obtaining the written consent thereto of the City by resolution adopted by its governing body. � _ �. ..__ ..�., - � ..,� ._. _ w� �. .�-���_ .,,..---����..�� _ _ . . � . . ._,. � �: __ _ ,-_�,�,..�__ ...... ,_ . � .._..:�._....__ �;. _ . _. �...x� � , .. . , ' -5- . . , . � - � 266�93 , . � IX. MISCELLAI�IEOUS PRGVISIONS PAC shall not at any time permit any security interest or any mechanics' , laborers' or materialmen's liens to starid against the Premises. Deposit with City or with any court of campetent jurisdiction of sufficient security to cover such liens shall be deemed compliance with this paragraph. PAC agrees to make any and all repairs and impravements, at their sole cost and expense, which may be requirea under the Federal or State Occupational Safety and Health Acts (OSiiA) or regulations adopted pursuant thereto. Al1 notices , demands, consents or requests which may be or are required to be given by either party to the other shall be in writing. By entering into this agreement, the City makes no representations as to the feasilibity of moving the building located on the; Premises to another location. X. PRIOR AGREEMENTS r7othing herein shall increase or otherwise affect the rights d obligations or duties of PAC or City pursuant to the �greement between PAC, City, Thomond O'Brien, A. Kamish & Sons, Inc. , and the St. Paul Housing and Redevelopment Authority dated October 31, 1975. � PERFOR.tiIING ARTS CENTER, INC. , l By • It �ecretary CITY Or SAIIIT PAUL � Approved As to Forri By Its Mayor By Its Director, Department of Finance and Management Services ,_ . _ _ , ..� . ,: _ - - _ - � ..� . .:_ . x -� -.=.